Id. We can help put people in touch with resources if they are looking to have their pet spayed or neutered and we urge the public to contact us at animalcontrol@co.kern.ca.us for more information or call Monday-Friday between 8 a.m. and 5 p.m. at 321-3000.". Besides the above, if youre passionate about animals and advocating for their well-being, why not volunteer? In this case, the city -- if the project ranked high enough and we received funding from the state -- would need on the order of $15 million in local funds for the project. The cat allegedly scratched the paint on the neighbor's truck, but because this kind of property damage was not reasonably foreseeable, the court held that the owner was not liable for any damages that her cat may have caused. These fines are for unneutered impounded animals only, and are not in lieu of any fines or impound fees imposed by any individual city, county, public animal control agency or shelter, society for the prevention of cruelty to animals shelter, or humane society shelter. Chapter 3. Christman-Resch v. City of Akron , 825 N.E.2d 189, 676 n.1, 686 (Ohio Ct. App. Amended by Stats.1957, c. 1972, p. 3520, 47; Stats.1971, c. 1470, p. 2908, 22.). Fish & G. Code 4150 - 4151, CA FOOD & AG 31750 - 31766; CA FISH & G 4150 - 4151. 6.1.802 Authority to arrest and to issue notices to appear. We will do our best to find a second home for your pet. (2) A deposit that is both of the following: (A) Refundable to the recipient if proof of spaying or neutering of the cat is presented to the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group not more than 30 business days after the date the cat is spayed or neutered. 3907 . Fish and Game Code. Article 1. Division 14.5. Div. These cats damaged the plaintiffs home, destroying insulation, a vapor barrier, and duct work. Concern for animal welfare is typically the driving force behind feral cat legislation, but it is important that animal welfare advocates adequately address the concerns of property owners who may be adversely affected by feral cat colonies. When the city and county do plan to construct a grade separation project, the Greater Bakersfield Separation of Grade District submits an application to the state of California for funding. This site is not a law firm and cannot offer legal advice. "Based on the city's experience in submitting applications for other grade separation projects, an application for a grade separation on any of the streets crossing the railroad in southwest Bakersfield would rank low on the state's list. Feral domestic cats would almost certainly not be considered wild animals, since domestic cats have, by definition, been generally domesticated and are generally unlikely to cause personal injury. Repealed by Stats.1985, c. 1290, 2, 31751.3 . Article 1. For example, an Indiana trial court recently found that a woman who fed feral cats and participated in a TNR program was not liable for negligently allowing the cats to damage the plaintiffs property. The court accepted the plaintiff's claim that the aggressive tendencies of stray and feral cats pose certain risks that domestic housecats do not, especially when they are cornered by human. Theres always a need for caring individuals to help out at. First, the plaintiff argued that the defendant was responsible for the damage caused by the cats because the defendant returned the altered cats to the plaintiff's neighborhood with the knowledge that the cats would likely return to the plaintiffs home. For the rules in the city, we turned to Tammy Davis, animal control supervisor for the city of Bakersfield, who cited a section of code that defines prohibited activity in city parks. The fines shall be paid to the local municipality or public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group. Holding period; owner redemption, 31755. "Pets that are abandoned face the dangers of the elements, predators, other animals, vehicles and even humans. Feral Cats and the Law Cats and Wildlife > Cats and Predation Where have all the birds gone? (a)The required holding period for a stray cat impounded pursuant to this division shall be six business days, not including the day of impoundment, except as follows: (1) If the public or private shelter has made the cat available for owner redemption on one weekday evening until at least 7 p.m. or one weekend day, the holding period shall be four business days, not including the day of impoundment. In Baker , the defendant fed and watered four cats that lived in the neighborhood. Credits(Added by Stats.2019, c. 205 (S.B.245), 5, eff. Holding period for impounded cats, (Added by Stats.1980, c. 1060, p. 3397, 2. May keepers and caretakers be held civilly liable for the actions of feral cats in their care? Super. Any licensed cattery may be exempted pursuant to regulation or ordinance from any requirement to obtain a license tag for each cat within the cattery. A wild animal is an animal that belongs to a category of animals that have not been generally domesticated and that are likely, unless restrained, to cause personal injury. Restatement (Third) of Torts: Physical and Emotional Harm 22(b) (2005) . Since feral catslack rigorous controls by a veterinarian, they can carry a variety of illnessesNot to mention that they produce unpleasant smells and messes as well as bothersome noises. It is possible, then, that individuals who care for feral cats in these jurisdictions would not be required to comply with any of the requirements imposed on animal owners, nor would they be liable for any damages caused by the animals behavior. Implementation of a Feral Cat Management Program on a University Campus. Generally, legislatures pass laws to correct perceived deficiencies in existing law, particularly when there is no indication that the new legislation is intended to codify the current common law rule. Keep reading to discover more information on this issue and why its such a problem. A non-domesticated mammalian predator shall include coyotes, raccoons, foxes, opossums, bears, mountain lions, and bobcats. Detailed Discussion of Feral Cat Legal Issues. Dec. 14, 2001) . In fact, the court noted that Indy Feral's website, offered as an exhibit by the defendant, states that feral cats will become an even greater nuisance if they are not fed on a regular basis, since this will require to the cats to forage for food. Finally, the court dismissed the plaintiff's trespass claim for lack of evidence. (d) During the holding period required by this section and before the adoption or euthanasia of a cat impounded pursuant to this division, a public or private shelter shall scan the cat for a microchip that identifies the owner of that cat and shall make reasonable efforts to contact the owner and notify the owner that the cat is impounded and is available for redemption. . Id. 31750. , 825 N.E.2d 189, 676 n.1, 686 (Ohio Ct. App. What does it mean to own a feral cat? In addition to any required spay or neuter deposit, the animal shelter, at its discretion, may assess a fee, not to exceed the standard adoption fee, for the animal released. , 746 N.Y.S.2d 747, 750 (N.Y. App. Even in jurisdictions that have statutes or ordinances pertaining to feral cats, it is difficult to know how those laws will be interpreted by a court. . On a national level, there are no laws to keep you from giving food to strays. Feb. 16, 2007) . Its important to point out thatfeeding feral cats isnt the only way (or best way) to help these animals. (3) An agency, shelter, or group that does not have microchipping capability on location is not subject to the civil penalty described in this subdivision upon obtaining the agreement described in subparagraph (B) of paragraph (1) of subdivision (a). Cal. The question, then, is if a feral cat is not quite a wild animal and not quite a domestic animal, how will a court determine ownership? 2, 2007) (pdf file - 628.01 KB). ), 31751.6. Will she attempt to prevent the cat from trespassing on her neighbors property or bringing other cats to the neighborhood? According to one source, the law in Texas prohibiting cruelty to animals did not specifically protect feral cats until 2007. At least one other state, however, has taken a different approach. On the other hand, in cases like McElroy where the owner had no reason to foresee any damage or injury that her cat might cause, a court may be unlikely to find that such a duty exists. The trial court granted summary judgment for the defendants, but the appellate court rejected the trial courts analysis of the plaintiffs nuisance claim. Fiori v. Conway Org. (c)(1) An agency, shelter, or group that violates this section on or after January 1, 2022, is subject to a civil penalty of one hundred dollars ($100). Could they be exposed to criminal liability for abandonment, neglect, or failure to comply with registration or spay/neuter requirements? This article addresses three primary legal questions. (3) The deposit shall be temporary, and shall only be retained until the cat is healthy enough to be spayed or neutered, as certified by a veterinarian licensed to practice veterinary medicine in this state. RI ST 4-24-3 . 3.2-6524(B) . Generally, the state laws that do address these issues simply (1) define feral cats and (2) enable local governments to adopt their own solutions The result of this approach, though, is that the law of feral cats can, and often does, vary drastically within the same state. Feral cat is . H028774, 2007 WL 495897 (Cal. This rationale is less persuasive when applied to feral cats for two reasons. at *14. Owners of wild animals intentionally possess those animals, knowingly exposing themselves to the risks that a wild animals presence might pose to the local community. After registering with the municipality, the feral cat keeper must vaccinate and sterilize the cats in her care. See id. Under this system, a person who feeds feral cats outside of her office building every morning might not be subjected to liability at all, whereas a person who provides shelter, food, water, and veterinary services for a group of feral cats would be more likely to be liable for the actions of those animals. 3.2-6587(A)(2 ). Amended by Stats.1977, c. 1208, p. 4083, 10; Stats.2015, c. 154 (A.B.1527), 72, eff. A feral cat is totally unsocialized to people. Ideally, more state and local legislatures should begin to address this complex and convoluted area of law. The result of this approach is that the law of feral cats can, and often does, vary drastically within the same state. (For further discussion of general issues pertaining to feral cats and feral cat colonies, see Anthony B. Lacroix, Feral Cats , Animal Legal & Hist. Another indicator that courts may be unwilling to independently determine the rights and responsibilities of feral cat caretakers is the Indiana Superior Court's decision in Baker v. Middleton , C.A. Local laws, on the other hand, vary significantly from town to town, and some of those laws may even go so far as to expose unwitting caretakers to civil or criminal liability. (b) An animal control officer, humane officer, police officer, peace officer, or any agency authorized to enforce the Penal Code may write citations with a civil penalty stated in an amount corresponding to the violation as provided in subdivision (a). (e) As used in this division, a business day includes any day that a public or private shelter is open to the public for at least four hours, excluding state holidays. Also, if feeding wild animals is prohibited and the law doesn't clearly define feral cats as domestic animals, it should be addressed. Wild Mammals, Defined, Neb. Jan. 1, 2016; Stats.2019, c. 216 (A.B.273), 12, eff. St. 37-246 (2008). Enforcement 6.1.801 Entry on premises to seize and impound animals. However, at least two sources, the Baylor Law Review article and Baker ,indicate that courts and juries may be unwilling to afford protection to feral cats or assign responsibilities to their caretakers when those rights and responsibilities have not been explicitly outlined by a statute or local ordinance. Feb. 16, 2007). Nonspayed or unneutered cats; fines. 2023 Michigan State University College of Law. Second, the plaintiff argued that the defendant was responsible for the damage caused by the cats because feeding and watering an animal serves as an invitation to stay in the area. Notice to animal control services agency of performances to be conducted Fish and Game Code. Rather, they typically authorize local governments to enact their own ordinances. Jeremy Masten, Note, Dont Feed the Animals: Quesos Law and How the Texas Legislature Abandoned Stray Animals, a Comment on H.B.2328 and the New Tex. Feral. (a) Upon relinquishment of a cat to a public or private shelter, the owner of that cat shall present sufficient identification to establish his or her ownership of the cat and shall sign a statement that he or she is the lawful owner of the cat. Although feral cats do not necessarily fit within the common understanding of domestic animal ownership either, the ordinary liability imposed on domestic animal owners does not present the significant policy problems raised by strict liability. Another useful action, especially if theres no way for you to help them directly, is to make a simple phone call. The court found that the total amount of damage caused by the cats to the plaintiff's property was approximately $2000. 2023 Michigan State University College of Law. As noted in the feral cat discussion, some states have reduced the impoundment period for free-roaming cats. But my guess is, whatever you do it will just makes things MUCH WORSE with the neighbor. Special Provisions Applicable to Counties with a Population of Less Than 100,000 Persons. Section 17006 shall also apply to these animals. Q: The cat population in Hart Park appears to be out of control. Second, keepers and caretakers do not exercise the level of control over feral cats that owners of wild animals exercise over those animals. (5) The adopter or purchaser shall obtain written proof of spaying or neutering from the veterinarian performing the operation. Even in common law jurisdictions, the scarcity of published judicial opinions makes it difficult to determine what a judge will decide in a particular case. (c) This section shall remain in effect only until July 1, 2024, and as of that date is repealed. Amended by Stats.2022, c. 549 (A.B.2723), 2, eff. Higher wind gusts possible.. Ann. ), 31754. (d) This section does not apply to a cat that is temporarily housed under an emergency evacuation order. However, you may be surprised to find out that experts advise against the practice of feeding feral animals. There is a small fee to turn in your pet, $20 to help cover some of the cost of feeding and caring for your pet including vaccines if they are not up-to-date. Code 14-8-2-87 (2009. M2005-00414-COA-R3-CV, 2006 WL 2805141, at *6 (Tenn. Ct. App. In light of the policy implications associated with defining feral cats as wild animals and thereby subjecting keepers and caretakers to a strict liability regime, a court would be more likely to find that feral cat keepers and caretakers are analogous to owners or keepers of domestic animals. Renumbered 31751.3 and amended by Stats.1998, c. 747 (A.B.1856), 6, operative Jan. 1, 2000. In general, though, these state laws are strictly definitional. "I would say no, because I've never even had the complaint," Davis said. The court further suggested that counties might resolve this problem by modifying their feral cat ordinances to require feral cat caretakers to notify neighbors of the colony's existence, the potential for damage from such a colony, and appropriate preventative measures that could be taken. Id. at 97374, 966. We sometimes get stuck at the crossing for what seems like forever, and they do not split the train at 15 minutes to allow traffic through as they are supposed to, and one cannot always turn around in traffic. ), 31752. Giving food to stray cats may seem like a noble gesture at first sight. (4) The cat shall be spayed or neutered within 14 business days of that certification. Also, laws can state that a separate violation occurs to each animal involved. We hope that you continue to enjoy our free content. (B) Nothing in this paragraph supersedes or otherwise limits the requirements in Section 31751.3 or Sections 31760 to 31762, inclusive, to ensure that a kitten sold, given away, or transferred to a new owner is or will be spayed or neutered. (a)(1) Except as otherwise provided in subdivision (b), no public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group shall sell or give away to a new owner any cat that has not been spayed or neutered. Similarly, Delaware defines a keeper of a stray cat as any person who has possession of or control over the animal and has fed the cat for three or more consecutive days. This article addresses three primary legal questions. Sept. 29, 2006) (holding that a domestic cat owner is not under a general duty to prevent property damage caused by the cat unless the damages were foreseeable). There are many other things you can do to contribute to the well-being of stray animals and your community in general. (c) All spaying or neutering deposits forfeited or unclaimed under this section shall be retained by the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group and shall be used by the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group only for the following purposes: (1) A program to spay or neuter dogs and cats. Holding period; owner redemption. 6.1.703 Removal of animal from City. Virginias comprehensive animal statute is a clear illustration of how a caretaker might be exposed to criminal liability for failure to comply with registration and spay/neuter requirements. When to Separate a Kitten from Its Mother, Invasive Rats and Their Influence on Reef Fish, The Giant Golden-Crowned Flying Fox, the World's Largest Pollinator, One way to help cats or any other stray animals is to. 964, 97374 (Fall 2008) . The statute defines a keeper as any person or organization, harboring, regularly feeding or having in his or its possession any feral cat. The law further clarifies that an individual is more likely to qualify as a keeper if she attempts to prevent an animal control officer from impounding feral cats. Ctenocephalides felis, regularly infest dogs, cats and opossums in Southern California. "There is no county ordinance that prohibits the feeding of feral animals. at 26. Jan. 1, 2020. KNXV Rodriguez has been providing food and water to feral cats in the area for 14 years, spending up to $100,000 to do so, he told KNXV. Feral cats may approach you when they are extremely hungry, but they will only eat the food you've given them once you've walked away. Local ordinances; animal placement procedures, 31764.5. When a person sees a malnourished kitten roaming her neighborhood, her first instinct is often to stop and help. See generally Jeremy Masten, Note, Dont Feed the Animals: Quesos Law and How the Texas Legislature Abandoned Stray Animals, a Comment on H.B.2328 and the New Tex. The main reason is that feeding feral cats can lead to the proliferation of colonies in the city. Similarly, Kentucky has enacted a statute that states, [a]ny person with feral cats on his premises shall make a reasonable effort to capture or vaccinate the cats. KY ST 258.015 . 510 I.L.C.S. The public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group shall not be registered with a microchip registry company as the primary owner of the cat. Unless the cat has vicious tendencies that are known to the owner, a court is likely to find a duty only if the damages caused by the cat were reasonably foreseeable. If the adopter or purchaser presents proof of spaying or neutering to the entity from which the cat was obtained within 30 business days, the adopter or purchaser shall receive a full refund of the deposit. (2) An animal control officer, humane officer, police officer, peace officer, or any agency authorized to enforce the Penal Code may write citations with a civil penalty stated in an amount corresponding to the violation as provided in Section 31763. CA - Circus - 25989.1. A: There's a prohibition in the city of Bakersfield, but not in unincorporated areas of Kern County. Therefore, a notice requirement like that suggested by the Baker court would have to be drafted carefully to avoid creating a significant burden on potential feral cat caretakers. Ask The Californian: Is it illegal to feed feral cats? First, feral cats are members of the same species as domestic cats. Center (2006)) . That way, you can avoid possible fines or other penalties. (Added by Stats.2000, c. 567 (A.B.2754), 4. It could be foreseeable, then, that a stray or feral cat in a store could injure customers who came on the premises. Arguably, the Texas statute already protected feral cats, since it protected domesticated animals. However, the failure to explicitly include feral animals in the definition of domesticated animals apparently compelled an interpretationat least in the minds of many jurors and legislatorsthat those animals were excluded from the law's protection. Unfortunately, the answers to these questions are unclear and depend heavily on the local law. This ordinance clearly outlined the rights and duties of feral cat caretakers, giving the judge a legal basis for deciding whether the defendant was liable for damage to the plaintiff's property. The entity shall establish the amount of the deposit at the level it determines is necessary to encourage the spaying or neutering of cats. Regulation of Cats. Keepers and caretakers provide a valuable service, and the law should not discourage these individuals from caring for animals in need. Spayed or neutered cats; reduction in fee, 31751.6 . Upon adoption, sale, giving away, or transfer of ownership, the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group shall provide information on the transference of ownership, including microchip company information, the microchip number and any other relevant identifiers, and any other information needed for an owner or new owner to register themselves as the microchip's primary contact, as applicable. "One of the reasons that we see so many pets that are lost and looking for a new home is because too many pets are not spayed and neutered. Feral cats per se are an admission of society's failure in the process of domesticating cats. 7 M.R.S.A. . The statute further defines an animals owner as anyone who (i) has a right of property in an animal; (ii) keeps or harbors an animal; (iii) has an animal in his care; or (iv) acts as a custodian of an animal. Id. In doing so, it is unlikely that the individual will carefully consider the legal ramifications of her actions before giving the cat food and water or bringing it into her garage to give it shelter from the cold. The policy rationale supporting strict liability is that a wild animal is so inherently dangerous that the burden should be on the owner, who made a conscious decision to possess the animal, to control the animal at all times. The deposit shall be temporary, and shall be retained only until the cat is healthy enough to be spayed or neutered as certified by a veterinarian licensed to practice veterinary medicine in this state. Their presence increases hygiene and health problems which are already an issue for society. That way, youll know just what the limits are when its time to act. Chapter 1. Among the provisions include possession requirements for non-domestic cats, vaccination and impound procedures for domestic cats, and legislative policy statements about feral cats. Illinois explicitly exempts feral cat caretakers from its definition of animal ownership, as long as the caretaker is participating in an authorized trap-neuter-release program (TNR program). Feeding strays isnt just an issue about the health and comfort of the citizens of a community. (2) Receives from the recipient a sterilization deposit of not less than forty dollars ($40) and not more than seventy-five dollars ($75), the terms of which are part of the written agreement executed by the recipient under this section. Regulation of Cats Generally. (2) The entity shall establish the amount of the deposit at the level it determines is necessary to encourage the spaying or neutering of cats. The many feral cats in Hart Park never seem to be lacking for food with many going to the park on a regular basis volunteering their time and expenses to feed the cats. In one recent case, a California appellate court recently held that the plaintiffs nuisance claim, which was based on the defendants alleged failure to cease activity that resulted in the attraction of feral and domestic cats to the plaintiffs backyard, survived summary judgment. Any funds collected under this section shall be expended for the purpose of humane education, programs for low cost spaying and neutering of cats and any additional costs incurred by the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group in the administration of the requirements of this chapter. This interpretation of the law may be further supported, however, by the fact that state and local governments found it necessary to enact feral cat legislation in the first place. In addition to providing daily meals and fresh water, these cat caregivers may provide dedicated shelter to protect the cats in inclement weather and provide medical care if the cats become sick or are injured. ; Slater, M.R. Zoning regulations, in addition to pet limit restrictions, may also impact community cat efforts if ownership is defined in a way that applies to caretakers of community cats. We seek to change them into positive laws that save animals and meet the needs of cats, caregivers, owners, and the community at large. Similarly, some states classify feral cat caretakers as owners and further require owners to spay and neuter their pets or immunize them against rabies. Simultaneously, this system would allow the casual good Samaritan to feed a feral cat without fear of liability. Control agencies, shelters, or rescue groups; spaying or neutering requirements, 31751.4. Second, the plaintiff argued that the defendant was responsible for the damage caused by the cats because feeding and watering an animal serves as an invitation to stay in the area. In the vast majority of jurisdictions, however, courts will have no guidance other than common law. Although the plaintiffs attempted to trap the cats and bring them to animal control, the animal shelter ultimately told the plaintiffs that the shelter did not have room to house any more cats. 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To appear neighbors property or bringing other cats to the neighborhood is that feeding feral cats are of... General, though, these state laws are strictly definitional continue to enjoy our free content her... Fines or other penalties even humans taken a different approach Ct. App,! Raccoons, foxes, opossums, bears, mountain lions, and does... The trial court granted summary judgment for the actions of feral animals can do to contribute to the neighborhood A.B.273. Obtain written proof of spaying or neutering of cats cruelty to animals did not specifically protect feral cats isnt only!, there are many other things you can avoid possible fines or other penalties it protected domesticated animals animal.. Neglect, or failure to comply with registration or spay/neuter requirements I 've never even had the complaint ''! Guess is, whatever you do it will just makes things MUCH WORSE with the municipality the. Continue to enjoy our free content members of the elements, predators, other animals, vehicles and humans. Governments to enact their own ordinances 's property was approximately $ 2000 and to issue notices to appear Where all! Comfort of the deposit at the level of control over feral cats per se are an admission society! Third ) of Torts: Physical and Emotional Harm 22 ( b ) ( pdf file - KB! Animals and your community in general be exposed to criminal liability for abandonment, neglect, or failure comply! Not volunteer help them directly, is to make a simple phone call do it will just makes things WORSE!
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